CMA/2548/2023 of P.SAILAJA Vs THIRUVENGADA CHARYULU SAMUDRALA on 14 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed by the appellants/ claimants challenging the judgment and decree passed in M.C.O.P.No.4298 of 2018 dated 29.10.2021 on the file of the Motor Accidents Claims Tribunal, Chennai, (In the II Court of Small Causes).

2. The learned counsel appearing for the appellants submitted that on 20.05.2018 at about 9.00 a.m. the deceased was travelling as a passenger in the Auto Rickshaw bearing Registration No.AP-03Y3561 AT Nagari to Puttoor Main Road in front of St.Mary’s Church near Nagari Municipality, Chittoor District, Andhra Pradesh. At that time the TATA Sumo bearing Registration

No.AP-21-TV-1049 driven by its driver in a rash and negligent manner came in the same direction and dashed behind the foregoing Auto, thereby, the Auto capsized and the deceased lost his life.

3. The learned counsel appearing for the appellants further submitted that thereafter, the dependents of the deceased M.V.Prathap/ appellants/ claimants filed claim petition before the Motor Accidents Claims Tribunal, claiming a sum of Rs.1 Crore as compensation. After adjudication, the Tribunal awarded a sum of Rs.21,62,388/- rounded off to Rs.21,62,400/- as compensation along with interest at the rate of 7.5% per annum from the date of the case taken on file i.e., 24.07.2018 to till the date of realization and directed the second respondent to deposit the compensation and to recover the same from the first respondent along with interest in the manner known to law. Aggrieved by the same, the claimants have preferred this appeal seeking enhancement in compensation.

4. The learned counsel appearing for the appellants further submitted that in order to prove the case the claimants examined P.W.1 to P.W.3 and marked exhibits Ex.P.1 to Ex.P.16 and inorder to disprove the same, the Insurance Company did not examine any witness, however, marked exhibits Ex.R.1 to Ex.R.3.

5. The learned counsel appearing for the appellants further submitted that the accident is of the year 2018 and the deceased was working as Tiles Shop – Incharge in Harini Ceramics and was earning a sum of Rs.30,000/- per month and inorder to prove the same, Ex.P14 – salary certificate was marked and P.W.3 – Proprietor of Harini Ceramics was examined, however, the Tribunal fixed the notional monthly income of the deceased as Rs.13,285/- which is very very meagre. The learned counsel further submitted that the salary certificate marked through the employer is the conclusive proof for the income of the deceased and disputing the same is not sustainable one and further submitted that the compensation awarded under the other heads also are meagre. Accordingly prayed for enhancement in compensation.

6. The learned counsel appearing for the second respondent Insurance Company submitted that though the claimants marked the salary certificate Ex.P14 through the employer P.W.3, P.W.3 in her evidence clearly deposed that the salary was paid to the deceased through bank transaction, however, the claimants have not marked the bank statement of the deceased and hence the evidence of P.W.3 is impermissible and further submitted that the Tribunal after considering all the factual aspects, awarded the compensation which is just and reasonable and hence, the impugned judgment warrants no interference.

7. Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the second respondent and perused the materials available on record.

8. The accident and the manner in which the accident happened are not disputed. This appeal has been filed only questioning the quantum of compensation. Hence, there is no need for any discussion with regard to negligence aspect.

9. The tribunal after elaborately discussing the factual aspects awarded a sum of Rs.20,92,388/- for loss of dependency, Rs.15,000/- for loss of estate, Rs.15,000/- for funeral expenses, Rs.40,000/- for loss of love and affection and arrived at a total compensation of Rs.21,62,388/- rounded off to Rs.21,62,400/- as compensation along with interest at the rate of 7.5% per annum from the date of the case taken on file i.e., 24.07.2018 to till the date of realization.

10. The accident is of the year 2018 and the deceased is aged 41 years at the time of death. Though the claimants claim that the deceased was working as Tiles Shop – Incharge in Harini Ceramics and was earning a sum of Rs.30,000/- per month and marked the salary certificate Ex.P14 through the employer P.W.3, P.W.3 in her evidence clearly deposed that the salary was paid to the deceased through bank transaction, however, the claimants have not marked the bank statement of the deceased and hence the Tribunal did not believe the evidence of P.W.3. However, as per the decision of the Hon’ble Division Bench of this Court reported in MANU/TN/6368/2018 [Andal and others Vs. Avinav Kannan and another], the Tribunal ought to have fixed the notional monthly income of the deceased at Rs.14,000/-. Hence, this Court fix the notional monthly income of the deceased at Rs.14,000/-. The Tribunal has rightly awarded 25% of the monthly income for future prospects and has rightly deducted ¼ of the monthly income for personal expenses and adopted the correct multiplier 14. Hence, the amount awarded for loss of dependency works out to Rs.22,05,000/- [Rs.14,000/- X 25% = Rs.3,500/-; Rs.14,000/- + Rs.3,500/- = Rs.17,500/-; Rs.17,500/- X 1/4 = Rs.4,375/-; Rs.17,500/- - Rs.4,375/- = Rs.13,125/-; Rs.13,125/- X 12 X 14 = Rs.22,05,000/-].

11. The Tribunal has not awarded any amount for transportation charges and in the opinion of this Court some amount has to be awarded under the said head. Hence, this Court awards a sum of Rs.10,000/- towards transportation charges. The amount awarded under the head loss of love and affection, in the opinion of this Court is meagre and this Court is inclined to enhance the amount awarded under the said head. Accordingly, the amount awarded for loss of love and affection is enhanced to Rs.2,00,000/- from Rs.40,000/-. The amount awarded under the other heads, in the opinion of this Court are just and reasonable and the same are confirmed.

12. Accordingly, the compensation amount is re-assessed as follows: S.No. Description Amount Awarded by the Tribunal Amount Awarded by this Court

1. Loss of dependency Rs.20,92,388/- Rs.22,05,000/-

2. Loss of estate Rs. 15,000/- Rs. 15,000/-

3. Funeral expenses Rs. 15,000/- Rs. 15,000/-

4. Transportation charges --- Rs. 10,000/-

5. Loss of love and affection Rs. 40,000/- Rs. 2,00,000/- Total Rs.21,62,388/- rounded off to Rs.21,62,400/- Rs.24,45,000/-

13. The claimants are entitled to total compensation of Rs.24,45,000/- along with interest at the rate of 7.5% per annum from the date of the case taken on file by the Tribunal i.e., 24.07.2018 to till the date of realization. The pay and recovery ordered by the Tribunal is confirmed.

14. The civil miscellaneous appeal is partly allowed. The judgment and decree passed in M.C.O.P.No.4298 of 2018 dated 29.10.2021 on the file of the Motor Accidents Claims Tribunal, Chennai, (In the II Court of Small Causes), is modified to the above extent.

15. The second respondent Insurance Company is directed to deposit the modified/ enhanced award amount before the Tribunal within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants 1 to 3 and 5/ claimants are permitted to withdraw their respective shares as apportioned by the Tribunal, along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. The fourth appellant is permitted to withdraw her share as apportioned by the Tribunal, along with accrued interest and proportionate costs, on making proper and necessary application before the Tribunal and on production of necessary proof with regard to her majority. If the fourth appellant is still minor, her share shall be kept in an interest yielding fixed deposit with anyone of the Nationalized Bank, initially, for a period of three years to be renewed at periodic intervals until she attain majority and the interest derived from out of the said share of the minor shall be paid to the first claimant/ mother every quarter to be utilized for the welfare of the said minor.

16. The appellants/ claimants shall not be entitled to any interest for the period of delay, if any, in filing/ representing the appeal. The appellants/ claimants are directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accidents Claims Tribunal,

Chennai, (In the II Court of Small Causes), shall disburse the enhanced amount upon production of certified copy showing proof of payment of Court fee by the appellants/ claimants.

17. The civil miscellaneous appeal is partly allowed. No costs. (M.D.I.,J.) (A.D.M.C.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Motor Accidents Claims Tribunal, Chennai, (In the II Court of Small Causes)

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri CMA No. 2548 of 2023 14-10-2026